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§ 54.105 SAMPLE COLLECTION.
   (A)   Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that is representative of conditions occurring during the reporting period.
   (B)   (1)   Except as indicated in divisions (C) and (D) below, the user must collect wastewater samples using 24-hour flow-proportional composite sampling techniques unless time-proportional composite sampling or grab sampling is authorized by the Superintendent. Where time-proportional composite sampling or grab sampling is authorized by the town, the samples must be representative of the discharge.
      (2)   Using protocols (including appropriate preservation) specified in 40 C.F.R. part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows:
         (a)   For cyanide, total phenols and sulfides, the samples may be composited in the laboratory or in the field; and
         (b)   For volatile organics and oil and grease, the samples may be composited in the laboratory.
      (3)   Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the town, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.
   (C)   Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides and volatile organic compounds must be obtained using grab collection techniques.
   (D)   (1)   For sampling required in support of baseline monitoring and 90-day compliance reports required in §§ 54.095 and 54.097 of this chapter, a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data does not exist; for facilities for which historical sampling data is available, the Superintendent may authorize a lower minimum.
      (2)   For the reports required by § 54.098 of this chapter, the industrial user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements.
(Ord. 7-2010, passed 11-22-2010)
§ 54.106 DATE OF RECEIPT OF REPORTS.
   Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.
(Ord. 7-2010, passed 11-22-2010)
§ 54.107 RECORDKEEPING.
   (A)   Users subject to the reporting requirements of this chapter shall retain and make available for inspection and copying all records of information obtained pursuant to any monitoring activities required by this chapter, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements and documentation associated with best management practices established under § 54.023(C) of this chapter.
   (B)   Records shall include the date, exact place, method and time of sampling and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses.
   (C)   These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user or the town, or where the user has been specifically notified of a longer retention period by the Superintendent.
(Ord. 7-2010, passed 11-22-2010)
§ 54.108 CERTIFICATION STATEMENTS.
   (A)   Certification of permit applications. The following certification statement is required to be signed and submitted by users submitting permit applications in accordance with § 54.060 of this chapter; users submitting baseline monitoring reports under § 54.095(B)(5) of this chapter; users submitting reports on compliance with the categorical pretreatment standard deadlines under § 54.097 of this chapter; and users submitting periodic compliance reports required by § 54.098(A) and (B). The following certification statement must be signed by an authorized representative as defined in § 54.001 of this chapter.
“I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.”
   (B)   Annual certification for non-significant categorical industrial users. A facility determined to be a non-significant categorical industrial user by the Superintendent, pursuant to division (3) in the definition of “significant industrial user”in § 54.001 of this chapter and in § 54.060(C) of this chapter, must annually submit the following certification statement signed in accordance with the signatory requirements in the definition of “authorized or duly authorized representative of the user” in § 54.001 of this chapter. This certification must accompany an alternative report required by the Superintendent.
“Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical Pretreatment Standards under 40 C.F.R. ______, I certify that, to the best of my knowledge and belief that during the period from _______, _______ to _______, _______ [months, days, year]:
(a)   The facility described as _________________________ [facility name] met the definition of a Non-Significant Categorical Industrial User as described in division (3) of the definition of “significant industrial user” in § 54.001 of the code;
(b) The facility complied with all applicable Pretreatment Standards and requirements during this reporting period; and
(c) The facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period.
This compliance certification is based on the following information.
___________________________________________________________________________
_____________________________________________________________________________”
(Ord. 7-2010, passed 11-22-2010) Penalty, see § 54.999
COMPLIANCE MONITORING
§ 54.120 RIGHT OF ENTRY; INSPECTION AND SAMPLING.
   (A)   The Superintendent shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this chapter and any individual wastewater discharge permit or order issued hereunder. Users shall allow the Superintendent ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and for the performance of any additional duties.
   (B)   Where a user has security measures in force which require proper identification and clearance before entry into the user’s premises, the user shall make necessary arrangements with the user’s security guards so that, upon the presentation of suitable identification, the Superintendent shall be permitted to enter without delay for the purposes of performing specific responsibilities.
   (C)   The Superintendent shall have the right to set up on the user’s property, or require the installation of, such devices as are necessary to conduct sampling and/or metering of the user’s operations.
   (D)   The Superintendent may require the user to install monitoring equipment as necessary. The facility’s sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at the user’s own expense. All devices used to measure wastewater flow and quality shall be calibrated annually to ensure their accuracy.
   (E)   Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the Superintendent and shall not be replaced. The costs of clearing such access shall be borne by the user.
   (F)   Unreasonable delays in allowing the Superintendent access to the user’s premises shall be a violation of this chapter.
(Ord. 7-2010, passed 11-22-2010; Ord. 10-2021, passed 8-9-2021) Penalty, see § 54.999
§ 54.121 SEARCH WARRANTS.
   If the Superintendent has been refused access to a building, structure or property, or to any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the town designed to verify compliance with this chapter or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, the Superintendent may seek issuance of a search warrant from any court of general jurisdiction in the county.
(Ord. 7-2010, passed 11-22-2010)
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